The URL can be used to link to this page

Home My WebLink About14038_Clarkson Street_LURUModel_2011_11_08NC BROWNFIELDS LAND USE RESTRICTIONS (“LUR”) UPDATE Year Certification Made: 2017 Name: Clarkson Street Project #: 14038-10-060 Address: 806 South Cedar Street County: Mecklenburg Property Owner (In part or whole): ____________________________ Read the following LURs and mark each restriction accordingly. Additional remarks may be added for compliance status clarification. Attach any required or supplemental documentation, sign, notarize and submit to the following address: NC Division of Waste Management Attn: Brownfields Program Staff 1646 Mail Service Center Raleigh, NC 27699-1646 No use may be made of the Brownfields Property other than for retail, office, industrial, gas station, other commercial (if the Department of Environmental Quality [“DEQ”] issues prior written approval), parking (in lots and structures), institutional, multi-unit residential, recreational and open space purposes. Within the meaning of this restriction, the following definitions apply: “Retail” refers to the sale of goods, or services not covered by subparagraph 13.a.ii. below, directly to the consumer, including without limitation restaurants, retail pet stores, nail and hair salons, spas, and drop-off/pick up dry-cleaner stores that perform no dry-cleaning on-site. “Office” refers to the rendering of business or professional services. “Industrial” refers to the assembly, fabrication, storage, warehousing and/or processing of goods or materials. “Gas Station” refers to the use of land and buildings for the storage (including in underground storage tanks) and sale of petroleum products, such as gasoline and diesel fuel, to consumers, and any associated automotive service station and/or car wash. “Commercial” refers to a business enterprise. “Institutional” refers to use of land, buildings or structures for public, non-profit or quasi-public purposes, such as for churches, museums, theaters, art galleries, libraries, hospitals, conference centers or government-owned or –operated buildings. “Multi-unit residential” refers to use of a duplex, triplex, quadriplex, condominium, apartment house, townhouse or other multi-family structure as a permanent human dwelling, or to a motel or hotel. “Recreational” refers to indoor and outdoor exercise-related and otherwise physically focused activities, whether active or passive, and the facilities for same, including swimming pools, sports-related courts and fields, gymnasiums, fitness centers, open space and greenways. “Open space” refers to land maintained in a natural or landscaped state and used for active or passive recreational purposes, natural resource protection, buffers, greenways and/or detention facilities for stormwater. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Surface water and groundwater at the Brownfields Property may not be used for any purpose without the prior written approval of DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No building may be constructed in the area designated “Area of Possible Vapor Contamination” on the plat component of the Notice of Brownfields Property (“Notice”), unless and until: DEQ determines in writing, based on submittals from the building’s proponent, that the building’s users, and public health and the environment, would not be at risk from the Brownfields Property’s volatile contaminant plume; or vapor mitigation measures approved in writing by DEQ in advance are installed to the satisfaction of a professional engineer licensed in North Carolina, as evidenced by said engineer’s seal, and photographs illustrating the installation and a brief narrative describing it are submitted to DEQ and deemed satisfactory in writing by that agency. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ No mining may be conducted on or under the Brownfields Property, including, without limitation, extraction of coal, oil, gas or any other minerals or non-mineral substances. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ None of the contaminants known to be present in the environmental media at the Brownfields Property, including those listed in the Notice’s Tables A and B other than chromium, iron and manganese, may be used or stored at the Brownfields Property without the prior written approval of DEQ, except in de minimis amounts for cleaning and other routine housekeeping activities, and for painting and vehicle maintenance and service in compliance with applicable law (though vehicle parts and tools may not be washed in solvents containing any contaminants subject to this LUR). ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The Brownfields Property may not be used for agriculture, grazing, timbering or timber production. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ The owner of any portion of the Brownfields Property where any existing, or subsequently installed, DEQ-approved monitoring well is damaged shall be responsible for repair of any such wells to DEQ’s written satisfaction and within a time period acceptable to DEQ. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Neither DEQ nor any party conducting environmental assessment or remediation at the Brownfields Property at the direction of, or pursuant to a permit, order or agreement issued or entered into by, DEQ may be denied access to the Brownfields Property for purposes of conducting such assessment or remediation, which is to be conducted using reasonable efforts to minimize interference with authorized uses of the Brownfields Property. ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ During January of each year after the year in which the Notice is recorded, the owner of any part of the Brownfields Property as of January 1st of that year shall submit a notarized Land Use Restrictions Update (“LURU”) to DEQ (except that a joint LURU may be submitted for multiple owners by a duly constituted owners’ association), and to the Director of Mecklenburg County’s Land Use & Environmental Services Agency, certifying that, as of said January 1st, the Notice of Brownfields Property containing these land use restrictions remains recorded at the Mecklenburg County Register of Deeds office and that the land use restrictions are being complied with, and stating: the name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address of the owner submitting the LURU if said owner acquired any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ the transferee’s name, mailing address, telephone and facsimile numbers, and contact person’s e-mail address, if said owner transferred any part of the Brownfields Property during the previous calendar year. ______________________________________________________________ whether any vapor mitigation measures installed pursuant to LUR 3 above are performing as designed, and whether the uses of the ground floors of any buildings containing such vapor barrier and/or mitigation systems have changed, and, if so, how. ______________________________________________________________ ☐ In compliance ☐ Out of compliance Remarks: ______________________________________________________________ Notarized signing and submittal of this Land Use Restrictions Update constitutes certification that the Notice of Brownfields Property remains recorded at the Mecklenburg County Register of Deeds office and that the Land Use Restrictions are being complied with. This Land Use Restrictions Update is certified by _____________, owner of at least part of the Brownfields Property on this ___ day of _________, 20__. Name typed or printed of party making certification: __________________ [Note: additional entities or owners may be added if appropriate (i.e. multiple managing members/entities)] By: __________________________ (signature) Name typed or printed: __________________ Title typed or printed: ___________________ NORTH CAROLINA __________ COUNTY I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ______________________. Date: ____________ ___________________________________ Official Signature of Notary ____________________________________ Notary’s printed or typed name, Notary Public (Official Seal) My commission expires: _________________